Hopkins v. O'Neil
Michigan Supreme Court
Error to St. Clair. Trespass on tbe case for damages from false warranty. • The counts of plaintiff’s declaration were as follows: For that whereas, the said plaintiff heretofore, to-wit: on the 20th day of May, in the year 1880, at St. Clair, in said county of St. Clair, at the special instance and request of the said defendant, bargained with the said defendant to exchange with the said defendant a certain yacht called the “Phaon,” with small boat and furniture complete,…
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Error to St. Clair. Trespass on tbe case for damages from false warranty. • The counts of plaintiff’s declaration were as follows: For that whereas, the said plaintiff heretofore, to-wit: on the 20th day of May, in the year 1880, at St. Clair, in said county of St. Clair, at the special instance and request of the said defendant, bargained with the said defendant to exchange with the said defendant a certain yacht called the “Phaon,” with small boat and furniture complete, of the said defendant, for a certain yacht of the plaintiff, called the “ Amy,” of great value, to-wit: of the value of…
1Opinion of the CourtMarston, C. J.
We are of opinion that the declaration in this case was sufficient in substance. The part omitted, and which was contained in Carter v. Glass 44 Mich. 154, adds nothing to the substantial averments. This whole matter has so recently been fully discussed in this court and the distinctions pointed out, that any extended remarks in the present case are wholly unnecessary. Carter v. Glass 44 Mich. 154; Briggs v. Milburn 40 Mich. 512; Norton v. Colgrove 41 Mich. 544.
The judgment must be reversed with costs and a new trial ordered.
The other Justices concurred.
2Cases cited3 opinions
- Norton v. ColgroveMichigan Supreme Court · 1879
- Carter v. GlassMichigan Supreme Court · 1880
- Briggs v. MilburnMichigan Supreme Court · 1879
3Cited by2 opinions
- Fernandina Shipbuilding & Dry Dock Co. v. PetersDistrict Court, S.D. Florida · 1922
- Blanksma v. KingMichigan Supreme Court · 1912